Lori Meadows
International students seeking work authorization in the US must navigate a complex process involving various visa categories, eligibility criteria, and regulatory requirements. The path to gaining work authorization depends on factors such as the student's visa status, program of study, and employment type (on-campus or off-campus). Understanding the intricacies of the system is crucial, as working without authorization can lead to severe consequences, including termination of one's SEVIS record and immediate departure from the country. This introduction aims to provide a comprehensive overview of the topic, exploring the steps international students can take to legally obtain work authorization in the United States.
| Characteristics | Values |
|---|---|
| Student Visa Type | F-1 (Academic Student) or M-1 (Vocational Student) |
| Visa Requirements | Enrolled in an academic, language-training, or vocational program at an accredited institution; the school must be authorized to accept foreign students and approved by the Student and Exchange Visitors Program |
| Work Authorization | Off-campus employment is generally not permitted during the first academic year; on-campus employment is allowed subject to certain conditions |
| Off-Campus Work Options | Curricular Practical Training (CPT), Optional Practical Training (OPT), and Severe Economic Hardship provisions |
| CPT Requirements | Practical training must be an integral part of the curriculum or required for the degree; prior authorization from the school's International Student Office and notification to USCIS are needed |
| OPT Requirements | Permission from USCIS and the school's International Student Office is required; no job offer is necessary, but employment can only begin after receiving the Employment Authorization Document (EAD) |
| Severe Economic Hardship | USCIS definition must be met; work is limited to 20 hours per week during the school session and full-time during breaks |
| Employment Limitations | F-1 students must maintain full-time student status when school is in session; off-campus employment authorization is valid for one year |
| Social Security Number | Only aliens with DHS work permission can apply for an SSN |
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What You'll Learn
Understanding F-1 and M-1 visas
The F-1 Visa (Academic Student) allows international students to enter the United States as full-time students at an accredited academic institution. This includes colleges, universities, seminaries, academic high schools, elementary schools, conservatories, and other academic institutions, or in a language training program. To be eligible, students must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate. The F-1 visa is a non-immigrant visa, meaning that applicants must demonstrate their intent to return to their home country after completing their studies in the US. Applicants must also demonstrate sufficient funds to cover their school and living expenses.
F-1 visa holders may not work off-campus during the first academic year but may accept on-campus employment, subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training, Optional Practical Training, and Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension. To work off-campus, F-1 students must obtain authorization from the Designated School Official (DSO) and U.S. Citizenship and Immigration Services (USCIS). This authorization is typically valid for one year and may be extended if the job continues to be available.
The M-1 Visa (Vocational Student) is for students enrolled in vocational or other non-academic programs, excluding language training. M-1 visa applicants must demonstrate sufficient funds to cover their tuition and living costs for the entire period of their intended stay. M-1 visa holders are not permitted to work during their studies.
Both F-1 and M-1 visa holders may bring their spouse and unmarried minor children to reside with them in the United States. The spouse and children must apply for F-2 or M-2 visas and cannot work during their stay, but children are permitted to attend school.
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Curricular Practical Training (CPT)
To qualify for CPT, the work experience must be required for your degree, or you must be awarded academic credit. You can get paid for CPT employment, but prior authorization by your school's International Student Office and notification to the U.S. Citizenship and Immigration Service (USCIS) is required. You must have been enrolled in school full-time for one year on valid F1 status (except for graduate students where the program requires immediate CPT), and CPT employment must be an integral part of your degree program.
Once you receive CPT authorization, you can only work for the specific employer and for the specific dates authorized. Your CPT authorization will also specify whether you are approved for part-time (20 hours per week or less) or full-time (more than 20 hours per week) CPT employment. While in school, you can only be approved for part-time CPT. Regardless of whether you are approved for full- or part-time CPT, there is no limit to how long you can work. However, if you work full-time on CPT for 12 months or more, you are not eligible for OPT.
CPT authorization is only required when the training is inside the United States. For example, a summer internship in a student's home country does not need CPT authorization.
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Severe economic hardship
International students in the US on an F-1 visa are usually not permitted to work off-campus. However, in cases of severe economic hardship, the U.S. Citizenship and Immigration Services (USCIS) may grant permission for off-campus employment.
To be eligible for this, students must meet several criteria:
- They must have been in valid F-1 status for at least one academic year (two semesters) and be in good academic standing.
- They must be experiencing economic hardship due to unforeseen circumstances beyond their control, which occurred after obtaining F-1 status. Such circumstances include the loss of financial aid or on-campus employment (if the student is not at fault), substantial fluctuations in exchange rates or national currency values, unexpected changes in the student's source of financial support, and more.
- They must be unable to find on-campus employment, or the pay from available on-campus employment must be insufficient to meet their financial needs.
- They must demonstrate that off-campus employment will not interfere with their ability to carry a full course load and maintain their academic standing.
If a student meets these criteria, they can apply for off-campus work permission by submitting a request for Economic Hardship I-20 to an International Student Advisor, along with a copy of a draft Form I-765 and a letter outlining their situation. Once the Economic Hardship I-20 is issued, they will need to compile and submit application materials to USCIS, including Form I-765 and supporting evidence of their economic hardship. The application fee is $520, and processing times vary, typically taking up to 90–120 days.
It is important to note that even with approval, there are limitations to off-campus employment. Students are restricted to working a total of 20 hours per week when school is in session and can work full-time during breaks and summer periods if they intend to register for the next school term. This authorization is valid for one year, and students must apply for continued employment authorization at least six months before the expiration date if they wish to continue working.
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Employment Authorization Document
International students in the United States on an F-1 visa are permitted to work off-campus in cases of severe economic hardship, provided they have been enrolled full-time for at least one academic year. This type of employment can be full-time or part-time, but the student must maintain their full-time student status when school is in session. To gain authorization for this type of off-campus employment, students must apply for an Employment Authorization Document (EAD).
The EAD is a temporary employment authorization for noncitizens in the United States. It is issued by the United States Citizenship and Immigration Services (USCIS) in the form of a standard credit card-sized plastic card. The card contains basic information about the immigrant, including their name, birth date, sex, immigrant category, country of birth, photo, immigrant registration number, card number, dates of validity, and terms and conditions.
To apply for an EAD, students must file Form I-765, Application for Employment Authorization, with the USCIS Regional Service Center that serves their area. The form must be accompanied by a fee, which can be paid by money order, personal check, cashier's check, credit card, or debit card. Students can also apply for an SSN (Social Security Number) using Form I-765. After approval, the EAD card should arrive within two weeks via USPS Priority Mail.
It is important to note that the EAD is valid for a specific period, typically one year, and must be renewed before expiration. Renewal applications should be submitted within six months of the expiration date, and the renewal process takes the same amount of time as a first-time application. Additionally, students must apply for continued employment authorization six or more months before the authorization expires if they wish to continue working after the initial one-year period.
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Social Security Number
International students in the US on F-1 visas are not permitted to work off-campus during their first academic year. However, they may accept on-campus employment, subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT), Optional Practical Training (OPT), or employment due to severe economic hardship. CPT employment is defined as "alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school." To qualify, the work experience must be required for the student's degree, or academic credit must be awarded. Prior authorization by the school's International Student Office and notification to the U.S. Citizenship and Immigration Service (USCIS) is required.
To obtain a Social Security Number (SSN) as an international student in the US, you must first ensure that you are eligible to work in the country. The SSN itself is not a work permit, and you must have authorization to work before applying for an SSN. Dependents in F-1 status are not eligible for an SSN. You must complete the social security application online and then visit your local Social Security Administration (SSA) office to show them your documents in person. You should apply no earlier than 30 days before your scheduled employment start date.
When applying for an SSN, you will need to bring the following documents:
- ISS On-Campus Employment Authorization/SSN Eligibility Letter
- I-94 card, or a copy of your J-1 admission stamp in your passport and a printout of your electronic I-94 information
- An employment offer letter from your department/hiring office
- Documentation for employment authorization from your ISS adviser or your sponsoring agency
The Social Security Administration will mail your number and card as soon as all of your immigration information has been verified. This can take 2-4 weeks or more. If you do not work on campus but receive a taxable scholarship, you should apply for an Individual Tax Identification Number (ITIN) for tax purposes.
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Frequently asked questions
There are two non-immigrant visa categories for students: F-1 and M-1. F-1 visas are for full-time students at an accredited academic institution, or on a language-training program. M-1 visas are for vocational or non-academic programs.
F-1 students may not work off-campus during their first academic year, but they can accept on-campus employment. After the first year, F-1 students can apply for Curricular Practical Training (CPT), Optional Practical Training (OPT), or off-campus employment in cases of severe economic hardship.
CPT is an off-campus employment option for F-1 students when the practical training is integral to their academic program. CPT employment can include work/study, internships, or practicums, and it must be required for your degree or offer academic credit. CPT authorization is granted by your school's International Student Office and is valid for a specific employer and time period.
To work off-campus in the US, you must apply for temporary employment authorization through either CPT or OPT. You will then receive Form I-766, "Employment Authorization Document", from USCIS, which will specify the dates you may work off-campus.
